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Moser Baer India Ltd. & HCL Technologies Ltd. vs. Additional Commissioner of Income Tax: Mandatory Oral Hearing and Natural Justice Principles under Section 92CA(3) for Transfer Pricing and Arm's Length Price (ALP) Determination
2. Facts of the Case
The
batch of writ petitions was filed before the Delhi High Court challenging
various orders passed by the Transfer Pricing Officer (TPO).
The
TPO had determined and made subst...
Commissioner of Income Tax, Delhi-VI vs. Tulip Finance Ltd: Delhi High Court Dismisses Revenue’s Appeal on Sections 68 and 32, Affirming Fact-Finding Decisions on Share Capital Genuineness, Security Deposits, and 100% Depreciation Claims
Facts of the CaseThe Revenue (Appellant) preferred an appeal under Section 260A
against the order dated 31.08.2006 passed by the Income Tax Appellate Tribunal
(ITAT) in ITA 5810/Del/1998. The Assessing Officer (AO) had...
Interest Tax Collected from Customers Kept in Separate Account – Matter Remanded to ITAT for Fresh Consideration | Delhi High Court|under section Income-tax Act, 1961
Facts of the
CaseThe dispute arose in relation to the assessment
year under consideration where the assessee had collected interest tax from its
customers. According to the assessee, the amount representing interest t...
Moser Baer India Ltd., HCL Technologies Ltd., Haier Appliances (I) Pvt. Ltd. & Ors. vs. Additional Commissioner of Income Tax & Anr. (2008:DHC:3385-DB) — High Court of Delhi Rules on the Mandatory Nature of Oral Hearing and Material Confrontation Under Section 92CA(3) Post Finance Act 2007 Amendment; Sufficiency of Alternate Remedy as Rule of Convenience vs. Rule of Law under Article 226.
Facts of the Case
A
batch of writ petitions was filed by major corporations—Moser Baer India
Ltd., HCL Technologies BPO Services Ltd., HCL Technologies Ltd., Haier
Appliances (I) Pvt. Ltd., Global L...
Commissioner of Income Tax vs. Assessee — High Court Confirms Remand to CIT(A) for Fresh Adjudication Post Finance Act 2006 Retrospective Amendment under Section 148 and Section 143(2) of Income Tax Act, 1961
Facts of the Case
The
appeals were filed against the impugned order dated September 14, 2007,
passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos.
4308/Del/2003 and 4656/Del/2004 for AY 1997...
Geo Enpro Petroleum Ltd. vs Deputy Commissioner of Income Tax (Delhi High Court) – Deduction under Section 80-IB(9): Determination of Initial Assessment Year for Commercial Production
Facts of the
CaseGeo Enpro Petroleum Ltd. was a member of a
consortium that successfully bid for development of the Kharsang Oil Field in
Arunachal Pradesh pursuant to a Notice Inviting Tender issued by the Government...
Commissioner of Income Tax, Delhi (Central)-II vs. V.L.S. Finance Limited: Scope of Rectification Under Section 254(2) of the Income Tax Act, 1961 – Non-Consideration of a Binding Supreme Court Precedent Constitutes a Mistake Apparent from the Record Warranting Recall of Tribunal Order
Facts of the CaseThe Income-tax Appellate Tribunal (ITAT) originally passed a
common order dated August 31, 2005, under Section 254(1) of the Income Tax Act,
1961, regarding depreciation on hire-purchase assets. In tha...
Geo Enpro Petroleum Ltd. vs Deputy Commissioner of Income Tax – Determination of Initial Assessment Year for Deduction under Section 80-IB(9) of the Income Tax Act
Facts of the
CaseThe Government of India invited bids for the
development of certain oil fields, including the Kharsang Oil Field in
Arunachal Pradesh. A consortium, of which Geo Enpro Petroleum Ltd. was a
member, su...
The Commissioner of Income Tax, Delhi (Central)-II vs. M/s V.L.S. Finance Limited: Scope of Rectification under Section 254(2) of the Income Tax Act, 1961 regarding Non-Consideration of Binding Precedents on Depreciation for Hire-Purchase Assets
Facts of the Case
The
Income-tax Appellate Tribunal (ITAT) originally passed a common order
dated August 31, 2005, under Section 254(1) of the Income Tax Act, 1961,
regarding ITA Nos. 1754, 1755/Del/2...
Geo Enpro Petroleum Ltd. v. Deputy Commissioner of Income Tax [2009:DHC:1854-DB] – Deduction under Section 80-IB(9): Determination of Initial Assessment Year Based on Commencement of Commercial Production
Facts of the
CaseThe Government of India invited bids for the
development of certain oil fields, including the Kharsang Oil Field in
Arunachal Pradesh. A consortium, of which Geo Enpro Petroleum Ltd. was a
member, wa...